Comments on: Another example of why legislators need to fix South Dakota’s system of restitution. Updated

By: PP at the SDWC

PP at the SDWC — Mon, 05 Nov 2007 19:06:30 +0000

RLM, I’m not frustrated with the amount (as ordered by the judge) as much as how DOC manages the process – which is on going and constantly changes.

What I would like to change is how the system is handled as a while.

I think we’ll see progress, and even if I can’t change a thing for my dad, if the system is fixed, it may have been worth it.

By: RLM

RLM — Mon, 05 Nov 2007 18:53:34 +0000

I understand your frustration with this issue..so the answer is to change the law.
Unfortunately, laws cannot be made retroactive. That is called an ex post facto law, and it is unconstitutional.

whenever we make laws, we establish a border. For example, it is a violation of the law to operate a motor vehicle of your blood alcohol count is over 0.08%. Now, we have established a line. Let’s assume that someone consumes alcohol and a tragedy ensues. The driver’s blood alcohol count os 0.0798%. Legally, they had every right to be on the road. But the outcry of “this is a travesty of justice” would be heard loud and clear.

Should this individual have paid more restitution? Yes. Then it was the job of the court, and the state to set that parameter years ago.

You can’t have unlimited bites at the apple.

By: Betty Olson

Betty Olson — Mon, 05 Nov 2007 15:25:03 +0000

This is a travesty of justice. If you can find a way to remedy this situation with legislation, I would be VERY interested in signing on to your bill.

By: Ano Nymous

Ano Nymous — Mon, 05 Nov 2007 14:13:47 +0000

#1 calls it dull to want to reform laws to help victims – in this case a victim of sexual abuse?

Either he’s in junior high school, or his home address has “cellblock” in it.

By: Nicholas Nemec

Nicholas Nemec — Mon, 05 Nov 2007 10:58:42 +0000

#1 PP may be a dull boy, but your post does nothing to help educate him or us. Care to be more specific and tell us why you think PP is so dull?

By: Anonymous

Anonymous — Mon, 05 Nov 2007 03:49:00 +0000

You ARE a dull boy, dumbass